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the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act. (2.07.6(2)(g)(i)). <br />8. HGTI does not control and has not controlled mining operations with a demonstrated pattern <br />of willful violations of the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the provisions of the <br />Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />10. Detailed reclamation cost estimates and liability information can be found in Volume 2, Tab <br />23 of the permit application and reference is made above in the Reclamation Plan portion of <br />this document. <br />Based upon a review of the applicant's worst-case estimate, the Division has <br />determined the total bond liability for the HG Loadout and Rail Loop for the 2008- <br />2013 permit term to be $1,079,517.00. The Division currently holds two bonds <br />totaling $1,084,161.00 from HGTI; therefore, no additional bond amount must be <br />submitted. (2.07.6(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The decision was based on a letter from the Soil Conservation <br />Service that demonstrates that no prime farmland mapping units are found within the <br />permit area. This letter is dated April 13, 1978 and can be found in Volume 1, Tab 9, <br />Attachment 9-3 of the permit application (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within or adjacent to the permit area. The alluvial valley floor is known <br />as the Dry Creek Alluvial Valley Floor (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional information concerning the presence of alluvial valley floors along Dry <br />Creek, please see Volume 1, Tab 7 of the permit application and Section B, Item XIV <br />of this document. <br />13. The Division hereby approves the post-mining land uses proposed for this operation. It was <br />determined that the two proposed postmining land uses, wildlife and range, meet the <br />requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals allowed by Rule 2.07.6(2)(m) have been granted or are proposed. These <br />approvals are addressed in Section B of this document. <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). Please refer to Section B, <br />Item XII of this document for details. <br />14